This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Tennessee USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
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Word;
Rich Text
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Emergency custody order If your child is in danger of being harmed or removed from the state, you can ask for temporary emergency custody through a Petition for Order of Protection. (Check the box for "temporary custody" on page 4.) Shortly after filing the petition, you'll appear in court for a hearing.
A grandparent who is concerned about the safety of a grandchild has two options: File a dependency and neglect (D & N) petition in juvenile court in the county where the grandchild(ren) live seeking temporary custody. If at all possible, grandparents should hire a lawyer to represent them in a D & N petition.
Because the other parent is left out of the notice, the court must review the emergency order within 15 days. In general, a temporary emergency custody order will remain in effect until a formal court order is made.
Short-Term Guardianship You only need a guardianship for a minor child for 6 months or less; AND. The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND.
If you and your spouse can agree to a custody arrangement, you will decide which spouse gets custody of your children. If you and your spouse do not agree, the court will determine the custodial arrangement based on the best interest of the child.
The court has fifteen days to review the emergency order. If the order is granted, the requesting parent is awarded custody until the formal court order is issued. This is when the other parent will have the opportunity to present their side of the story and evidence as to why they should get custody back.
DESCRIPTION: Temporary Operation Permit(s) (TOPs) are issued to motor vehicle owners desiring to operate a motor vehicle, otherwise subject to registration in Tennessee, over the streets and highways of the state for a temporary period of thirty (30) days.
Any child 12-years or older has the right to at least give their views on the subject to the court. Kids ages 14 and up will be given greater consideration by a Tennessee family law judge.